i-864 QUESTION

[richardkorea2010 15]

Hello all.

Our I-130 petition was approved here in Seoul, South Korea. Right now, we have all the things ready except waiting for my police clearance from South Africa.

About the I-864. My wife and I are currently both teaching English in South Korea.

At Part 6, it asks about the sponsor, my wife's current income and employment. We have been teaching in Korea, and right now, we are still teaching. Should we be writing our Korean income on the I-864? because we are still employed, and will only leave this job, when we plan to leave Korea this July,

Looking forward to hear from you very soon,

Thanks,

[Anh map 2,098]

The sponsor's current and continuing income is what is evaluated. Assets can be used to make up any income shortfall.

From what you are saying there will be no continuing income when returning to the US. (same employer) In that case the USC spouse will need to secure a joint sponsor.

These FAQ may be helpful >>> http://travel.state..../info_3183.html

Edited April 26, 2012 by Anh map

[richardkorea2010 15]

Thank you! I was thinking of that, and I think if we ask my mother in law to write a letter that we would be staying with her until we settle on our own, could also work, I wasn't sure whether we would require a joint sponsor or not,

I emailed the embassy, and am still awaiting their response, :-)

We have proof of domicile, (bank account, taxes), and letters mailed to us. so in that regard we are sorted out, I was just not 100% sure about the I-864, but I guess it depends from what they say at the embassy, :-)

Thanks again for the link! Very useful information there!

[Penguin_ie 5,997]

You will definitely need a co-sponsor (unless you have enough assets to qualify).

[richardkorea2010 15]

Penguin: I just heard from the US embassy, and they told me that since we are still employed by our employer here in South Korea, we can use our Korean income, in completing our I-864. We both earn enough in Korea to not need a joint sponsor, but we will ask my mother in law to write a letter that we will stay with her at first.

IF we already left our jobs, we would have needed a joint sponsor, but we are still employed until July.

[Anh map 2,098]

Penguin: I just heard from the US embassy, and they told me that since we are still employed by our employer here in South Korea, we can use our Korean income, in completing our I-864. We both earn enough in Korea to not need a joint sponsor, but we will ask my mother in law to write a letter that we will stay with her at first.

IF we already left our jobs, we would have needed a joint sponsor, but we are still employed until July.

The letter from the MIL will not matter. For the I-864 it's a numbers game. A promise from a relative isn't binding. If the MIL submitted a signed I-864, then she would be bound by the sponsor's contract.

What you were told re: income doesn't match the adjudicator's field manual. That being said, I hope that you were given good info and all goes well.

For peace of mind I would suggest having a joint sponsor prepare an I-864 and send you the signed form and all needed supporting documents. Better to have it and not need it.

Please post the results here on VJ. If this is true about using an income that will not continue in the US, it is information that others will find helpful.

[richardkorea2010 15]

Thanks Ahn..I take the words of the US embassy, because everytime that I have talked to them, they hve given me advice, and I would print out the response as evidence, when I go to the embassy.

They have been very understanding,

The I-864 says: Current annual income. We are both employed in Korea, and we will still be employed when we go for the interview.

I will update as we do this. Getting a joint sponsor is not a problem, but I think I can trust what the US embassy told me. I contacted them prior to the I-130 filing, and they requested only our I-130, G325A for both of us, unabridged birth certificate. They did not ask for bank statements, nor pictures from our marriage,

It varies from embassy to embassy, and I am happy with the response I have gotten thus far,

[Penguin_ie 5,997]

Please do update. If they actually allow it (and you didn't just get some phone monkey who didn't know what they were talking about), this is a new policy and very interesting change indeed.

[richardkorea2010 15]

I would most definitely update. I didn't call them. I send an email to the embassy on Friday, and they responded via email today. I prefer contacting them via email,

For evidence I printed out the email, that I would take with me to the embassy. If I talked to someone over the phone, it would have been a bigger mission to prove that I contacted them, but they have it all on their records, so i think everything looks in order.

I have not made my appointment yet. I am still awaiting my police clearance to arrive in korea, and will do my medical exam hopefully this week, and then make an appointment,

I asked the exact same question that I posted here a few days ago, and i was told that I have to use our Korean income,

Last year I applied for a B2 visa, and even though I was told it would be extremely hard to get a visa, I contacted the embassy, and they approved me visa straightaway, without even looking at my employment letters etc,

Like I said, it varies from embassy to embassy,

Seoul Embassy is really helpful, in assisting and helping us.

For the I-130, they only took our i-130, G325A(both), 2 passport pictures, copy of birth certificate, marriage certificate. (that was it)

They did not even look at our bank statements, photos, etc. It was approved within 17 days.

[iladelph53 0]

I'm in Seoul and I did DCF like RichardKorea, but my situation is a little different. I'm definitely going to go the joint sponsor route because I only work three days a week and my wife tutors.

But my question is...in that case, do I still need to show my income in Korea for the last three years or so from this and that hakwon? Or is it just more important that I show my US taxes on my i-864?

[curitiba 0]

here was my email to the NVC concerning the topic in this forum:

Dear consular contact

My wife is American and has lived with me in Brazil for one year.

We were planning to start the immigration process for me (CR1 visa) with the American Embassy in Rio de Janeiro.

Earlier the American petitioner should live 6 Months in Brazil in order to start this process. However, last year, the immigration procedures changed and all the processes must start in the NVC in the USA instead.

Therefore we sent the I-130 documents to the NVC office on December 2011, paid the fees and now we were requested to fill the I-864 Affidavit of Support form.

My wife (the American Petitioner) can not work with an American nurse degree abroad, therefore she only gives some English lectures which do not pay much. We thought that she could still be the principal sponsor in the form I-864 and I could add my Brazilian income (U$ 37,894 per year) to the Total Household Income filling the I-864a form. There is an issue with the determination of the petitioner's (my wife’s) residence though.

This webpage page says that the sponsor MUST have domicile (residence) in the USA:

http://travel.state.gov/visa/immigrants/info/info_3183.html#12

Therefore my wife does not qualify to be the sponsor and we can only send this form if she returns to the USA and finds a job there? Is this correct or wrong? If she can not be the sponsor, can we ask my wife’s parents (who live in America) to be the sponsor?

Thank you very much.

HERE WAS THE REPPLY that says that I need a co sponsor!!!

Dear Sir/Madam:

The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: RDJ2012537012 filed by KERI RENEE DEWITT on behalf of CARLOS EDUARDO FERRANTE DO AMARAL.

The following immigrants are required by law to submit Form I-864 completed by the petitioner to obtain an immigrant visa overseas or to adjust status to that of a lawful permanent resident in the United States:

All immediate relatives of U.S. citizens (spouses, unmarried children under age 21, and parents of U.S. citizens age 21and older);

All family-based preference immigrants (unmarried sons and daughters of U.S. citizens, spouses and unmarried sons and daughters of permanent resident aliens, married sons and daughters of U.S. citizens, and brothers and sisters of U.S. citizens age 21 and older); and

Employment-based preference immigrants in cases only when a U.S. citizen or lawful permanent resident relative filed the immigrant visa petition or such relative has a significant ownership interest (five percent or more) in the entity that filed the petition.

If the petitioner's (sponsor) income alone is not sufficient to meet the requirement for the household size, the intending immigrant will be ineligible for an immigrant visa or adjustment of status, unless the requirement can be met using any combination of the following:

Income from any relatives or dependents living in the sponsor's household or dependents listed on the most recent Federal tax return who signed a Form I-864A;

Income from the intending immigrant, if that income will continue from the same source after immigration, and if the intending immigrant is currently living in the sponsor's residence. If the intending immigrant is the sponsor's spouse, his or her income can be counted regardless of current residence, but it must continue from the same source after he or she becomes a lawful permanent resident.

The value of the sponsor's assets, the assets of any household member who has signed a Form I-864A, or the assets of the intending immigrant;

A joint sponsor whose income and/or assets equal at least125 percent of the Poverty Guidelines.

If the sponsor/joint sponsor's mailing address and/or place of residence is NOT the United States, but his/her country of domicile is the United States, the sponsor/joint sponsor must attach a written explanation and provide documentary evidence of how the domicile requirement is met.

The domicile requirement for persons not living in the United States may be met by establishing any of the following conditions apply:

Employment by:

o The US government

o An American institution of research listed in 8 CFR 316.20

o A US firm or corporation engaged in whole or in part in the development of foreign trade and commerce with the United States, or a subsidiary of such a firm or corporation

o A public international organization in which the United States participates by treaty or statute

o A religious denomination having a bona fide organization in the United States, if the employment

o A religious denomination having a bona fide organization in the United States, if the employment abroad involves the person's performance of priestly or ministerial functions on behalf of the denomination

o A religious denomination or interdenominational missionary organization having a bona fide organization in the United States, if the person is engaged solely as a missionary.

" Temporary residence outside the United States displayed by providing: proof of a US voting record, proof of paying U.S. State or local taxes, proof of having property in the United States, proof of maintaining bank or investment accounts in the United States, or proof of having a permanent mailing address in the United States, evidence of studying abroad or that a foreign government has authorized temporary stay.

The sponsor/joint sponsor intends in good faith to reestablish domicile in the United States no later than the date of the intending immigrant's admission or adjustment of status. Proof that concrete steps to establish domicile in the United States at a time no later than the date of the intending immigrant's admission or adjustment of status must be provided. Concrete steps might include accepting a job in the United States, signing a lease or purchasing a residence in the United States, or registering children in U.S. schools.

IMPORTANT:

Do not let more than one year pass without contacting the NVC concerning this visa petition. If a period of one year passes from the last date of contact (by telephone, mail, or e-mail) with the NVC, all submitted fees and documents expire. If this occurs, the fees must be paid again and documents must be resubmitted in order to continue the immigration process.

[richardkorea2010 15]

Question again: My mother in law is going to be our joint sponsor.

We have prepared our own I-864 with my wife's latest tax return, and have that ready.

My mother in law also prepared an I-864 with her latest tax return. Is that correct that she is also preparing an I-864? MY QUESTION: What box does she check?

a) I am the petitioner

d) I am the only joint sponsor.

I am not 100% sure on this one. Any input will be appreciated.

Thanks!

Richard

[richardkorea2010 15]

Hello all...I can update after my interview with the US embassy in Seoul.

I had my mother in law as my joint sponsor, and submitted the I-864 from my wife(the petitioner), and my mom-in-law(I-864).

I had my interview yesterday, and the consular officer was satisfied. They said that my wife's "CURRENT" income level was good. I had proof of my wife's domicile, (latest tax return, drivers licence, bank account, letters to her US address)

I think her income is from this: A public international organization in which the United States participates by treaty or statute. and therefore seen as good enough.

I was approved, and should get my passport and brown envelope by next week, :-)